Express Consent for Personal Data Processing (GDPR - LOPDGDD)
Convert your leads into legal records and avoid fines. This document captures the user's unequivocal authorization to process their information, complying with the GDPR's "affirmative action" principle. It includes granular consent clauses (to separate service from advertising), mandatory basic information (Information Layers), and ensures traceability of proof in case of inspection. Parties: 1
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When to use this Express Consent for Personal Data Processing (GDPR - LOPDGDD)?
📋 Fairs and Events (Lead Collection on Paper):
Situation: You have a stand at a fair and organize a raffle to collect emails from potential clients.
Use: It is not enough for them to drop their business card in a box (that does not authorize sending them advertising). They must fill out this brief form where they tick the box: "I accept to receive commercial information".
🏥 Clinics and Aesthetic Centers (Sensitive Data):
Situation: A new patient arrives at the consultation.
Use: Before opening their file, they sign this consent. As it involves health data (special category), the GDPR requires that the consent be explicit (written and clear), it is not enough for them to sit in the chair.
📩 Newsletter Subscription (Double Opt-in):
Situation: Someone signs up for your mailing list.
Use: The legal text below the web form is the digital version of this document. It ensures that the user knows who the controller is (you) and for what purpose you use the email (sending news), legitimizing the subsequent sending.
What does this Express Consent for Personal Data Processing (GDPR - LOPDGDD) include?
Full legal effect
Compliant with current EU legislation
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Frequently asked questions about Express Consent for Personal Data Processing (GDPR - LOPDGDD)
Is it enough to use a pre-ticked box?
No, never. The GDPR strictly prohibits implied or default consent. For this document to be valid, the user must perform a "clear affirmative action" (tick the box, sign the paper, or click a button that says "I Accept"). If you use pre-ticked boxes, the consent is void and the database is illegal.
Can I request a single consent for "everything" (Service + Advertising)?
No, it must be granular. The regulation requires separating the purposes. You cannot force someone to receive advertising in order to contract a service. This model includes separate options: one for the necessary processing (e.g., managing the order) and another optional one for commercial communications (Newsletter), avoiding sanctions from the AEPD for linking consents.
Is it necessary if I already have the Privacy Policy on the website?
Yes. The Privacy Policy is an informative document (it states what you do), while this document is the legal basis that allows you to do it (the user's "I do"). Without this signed or accepted consent, the Privacy Policy is meaningless because you do not have the legitimacy to handle the data.
How do I prove that consent was given?
The principle of "Proactive Accountability" requires you to be able to prove consent. In digital form, logs are kept (IP, date, time). In physical form (paper), you need this signed document. Our model is designed to be printed and signed at fairs, stores, or events, creating irrefutable physical proof that the user accepted the conditions.
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